Proposition 8 Headed to High Court

The Proposition 8 debate is about to get a lot more heated. Today, the San Francisco Chronicle is reporting that Attorney General Jerry Brown and the attorneys for Protect Marriage seek constitutional review of voter-approved ban on gay marriage:

The likelihood of a final California Supreme Court showdown over same-sex marriage increased dramatically Monday when Attorney General Jerry Brown and the pro-Proposition 8 campaign urged the justices to decide whether the voter-approved ballot measure is constitutional.

Both Brown, the state government’s top lawyer, and the Protect Marriage campaign organization plan to defend Prop. 8, which would write a ban on same-sex marriage into the state Constitution. In separate filings Monday, the liberal attorney general and the conservative sponsors of the initiative gave similar reasons for asking the court to review lawsuits filed by the measure’s opponents…

As discussed in a previous article by one of our authors, this case looks to be escalating toward a much bigger issue; namely, the inability of the court to protect individual rights in the face of a purely democratic rule of law.

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